Akhlesh Kumar @ Sailesh Kumar @ Akhilesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65506 of 2019 Arising Out of PS. Case No.-116 Year-2019 Thana- ARWAL District- Jehanabad ====================================================== 1.
AKHLESH KUMAR @ SAILESH KUMAR @ AKHILESH KUMAR Son of Late Pradeep Yadav Resident of Village-Jinpura, P.S.-Arwal, DistrictArwal. 2.
Maya Kumari Wife of Akhilesh Kumar @ Sailesh Kumar Resident of Village-Jinpura, P.S.-Arwal, District-Arwal.
3.
Fooliya Devi Wife of Predeep Yadav Resident of Village-Jinpura, P.S.- Arwal, District-Arwal.
... ... Petitioner/s
Versus
The State of Bihar ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amrendra Kumar Singh, Advocate For the Opposite Party/s :
Mr.Vinod Shanker Modi, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-02-2020 Heard learned counsel for the petitioners as well as learned counsel for the State.
Petitioners apprehend arrest in a case registered for the offences punishable under Section 304B/34 of the Indian Penal Code.
Learned counsel for the petitioners submits that the petitioners have falsely been implicated in this case. Petitioner no.1 and 3 are brother in law and mother in law of the deceased respctively, whereas petitioner no.2 is wife of petitioner no.1. The allegation is general and omnibus in nature. It is further submitted that the petitioners live separately as such they are no way concerned with the affairs of the victim and her husband.
Patna High Court CR. MISC. No.65506 of 2019(5) dt.27-02-2020 2/3 Nothing incriminating has come against the petitioners during investigation to support the allegation that they committed torture and murder of the victim and in fact the victim died of consuming poison.
Learned counsel for the informant opposes the prayer for bail.
Considering the facts of the case, let the petitioners, above named, in the event of arrest/surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Arwal in Arwal Police Station Case No. 116/2019 on the following conditions:-
(1) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below.
(2) If the petitioners tamper with the evidence or the witnesses, in that case the prosecution will be at liberty to move
Patna High Court CR. MISC. No.65506 of 2019(5) dt.27-02-2020 3/3 for cancellation of bail.
(Prabhat Kumar Singh, J) shashi/- U T